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1. According to the provisions of the Labor Law and the Notice of the Ministry of Labor and Social Security of the People's Republic of China on the Conversion of Average Monthly Working Hours and Wages of Employees throughout the Year, the statutory public holidays are 104 days a year, and the statutory holidays are 11 days, and the working hours and overtime wages are calculated according to the following prescribed methods: aCalculation of working hours of the system:
Annual working days: 365 days - 104 days (rest days) - 11 days (statutory holidays) 250 days quarterly working days: 250 days 4 quarterly days quarterly month working days:
250 days 12 months day month bConversion of daily wages and hourly wages: Calculation of working hours:
Multiply the working days by monthly, quarterly, and annual multiplied by 8 hours per day. Daily wage: monthly wage income Monthly wage days and hourly wage:
Monthly salary income (8 hours of paid days per month). Number of paid days per month (365 days-104 days) December day cCalculation of overtime pay:
Overtime pay for extended working hours per day: (Actual working hours 8 hours) Hourly wage 150% Overtime pay on statutory public holidays: Daily wage 200% Overtime pay for statutory holidays:
300% of the daily wage, according to this, you should be able to calculate the overtime pay you are entitled to and claim compensation from the employer. 2. According to the above provisions, for example, 3 days of overtime on May Day, 1 day (1st) of statutory holidays, and 2 days of statutory public holidays), the overtime wages that must be paid in addition to the normal monthly wages shall be: Statutory holidays:
Monthly salary income Statutory public holidays: monthly salary income Follow-up questions from whistleblowers 2010-08-27 20:37
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Hey? The problem is serious.
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The salary of overtime to the source type 11 o'clock shall not be less than 150%; If an employee is arranged to work overtime until 11 o'clock on a rest day and cannot arrange a compensatory break, he shall be paid a remuneration of not less than 200% of the wage; Employees who work overtime until 11 a.m. on statutory holidays shall be paid no less than 300% of their wages.
[Legal basis].
Article 13 of the Interim Regulations on the Payment of Wages.
If the employer arranges the employee to work outside the statutory standard working hours according to the actual needs after the employee has completed the labor quota or the prescribed work tasks, the employer shall pay the employee according to the standard of judgment
1) If the employer arranges for the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract;
2) If the employer arranges for the worker to work on a rest day in accordance with the law, but cannot arrange compensatory leave, the employer shall pay the employee wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract;
3) If the employer arranges for the employee to work on statutory holidays and holidays in accordance with the law, the employer shall pay the employee's wages at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.
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How to calculate the monthly wage of overtime pay: the number of overtime hours of the monthly wage; Calculation method of overtime pay on weekends and weekends: 2 times the number of overtime hours of monthly wages; Statutory holidays How to calculate overtime pay:
Monthly wage: 3 times the number of overtime hours. Evidence to prove overtime hours mainly includes: attendance sheets, attendance cards, overtime approval forms, overtime notices, surveillance videos, witness testimony, written records of the work done during overtime, e-mails, and other antecedents.
Article 44 of the Labor Law In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) If an employee is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
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Overtime until 11 p.m., overtime hourly wage calculation: overtime hourly wage on working day = monthly wage hidden base annual average monthly pay day 8 150% overtime hours; Hourly wage for overtime on rest days = monthly wage base Average monthly pay days for the whole year 8 200% Overtime hours; Hourly wage for overtime on statutory holidays = monthly wage base 8 300% of overtime hours on average monthly pay days for the whole year.
[Legal basis for the call].
Article 44 of the Labor Law of the People's Republic of China stipulates that under any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the employee is arranged to work for an extended period of time, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) If a worker is assigned to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300% of his wages.
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The standard for paying overtime and overtime is as follows:
1) If the employee is arranged to extend the working hours of the car (i.e., the normal working day is overtime), the employee shall be paid a wage remuneration not less than 150% of the employee's hourly wage standard stipulated in the labor contract;
2) Rest days (i.e. week.
6. Sunday or other rest day) If the employee is assigned to work and cannot arrange compensatory leave, the employee shall be paid a wage remuneration not less than 200% of the daily wage standard stipulated in the labor contract;
3) If an employee is assigned to work on statutory holidays (i.e., New Year's Day, Spring Festival, International Labor Day, National Day and other statutory holidays), the employee shall be paid a wage remuneration not less than 300% of the employee's daily wage as stipulated in the labor contract.
For workers who have been approved by the labor administrative department to implement the system of comprehensive calculation of working hours, the part of the comprehensive calculation of working hours exceeding the statutory standard working hours shall be regarded as extended working hours, and the wages for extended working hours shall be paid to the workers in accordance with the relevant provisions of the Labor Law and the Interim Provisions on Payment of Wages. Employees who practice the irregular working hours system are not subject to the provisions of the Labor Law and the Interim Provisions on Payment of Wages regarding wages for extended working hours. Workers who are subject to piece-rate wages shall be paid wages not less than 150% of the unit price of piece-rate during their statutory working hours if they arrange additional points outside the statutory working hours; Those who work overtime on rest days and statutory holidays shall be paid wages not less than % of the unit price of their statutory working hours.
1. How to deal with overtime disputes.
When an employer arranges for employees to work overtime according to the production and operation conditions, it shall negotiate with the labor union and the workers. In the event of inconsistency in negotiation and labor disputes, the jury of the arbitration committee shall handle the matter in accordance with Article 71 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the Ministry of Labor. If the negotiation fails, if the enterprise decides to work overtime within the extended working hours specified by the Labor Law, the employee shall be required to obey the decision of the employer; If an enterprise decides to work overtime in violation of the law, the enterprise shall be required to revoke the decision, and the employees shall also have the right to refuse to implement the decision.
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Legal analysis: overtime pay for monthly salary. The employer shall pay overtime pay according to the corresponding wage rate.
If the stall is overtime on a statutory holiday, it is necessary to pay three times the salary, if it works overtime on a rest day, it will be paid double the salary, and if it works overtime after work, it will be paid double the salary. Stupid omen.
Legal basis: Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations not less than 150% of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
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The hourly wage for overtime until 11 o'clock shall not be less than 150% of the wage, and shall be paid together with the monthly wage. The law stipulates that if a worker is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150 percent of his wages. Therefore, the hourly wage for overtime until 11 o'clock is not less than 150% of the wage.
[Legal basis].
Article 44 of the Labor Law.
Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage in accordance with the following standards:
1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;
2) If a worker is assigned to work on a rest day and cannot be arranged to make up for the rest, he shall be paid a wage remuneration of not less than 200% of the wage;
3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of the wage.
According to Article 44 of the Labor Law and Article 13 of the Interim Provisions on Wage Payment of the Ministry of Labor, overtime wages shall be calculated in the following ways: >>>More
1. Overtime pay is included in the salary in accounting.
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If there is an agreement in the labor contract, it shall be calculated in accordance with the agreed base amount of the labor contract, but the agreed base number shall not be lower than the salary standard of the corresponding position. If there is no agreement in the labor contract, if there is a trade union or employee representatives, the wage calculation base for sick leave may be stipulated in the collective labor contract, and if there is no trade union, the wage shall be calculated according to 70% of the current wage, and the unit cannot arbitrarily deduct the employee's salary.
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